Dismissed

Smt. Anisa Begam W/O Late Shri Mujaffar Khan v. Saddiq S/O Jahur

Rajasthan HC29 Aug 2024CW/13514/2024

Case brief

AI extract

What is this about?

TheHigh Court of Rajasthan dismissed a writ petition under Article 226 of the Constitution of India. The petitioner sought to challenge the denial of an ad interim injunction in a suit regarding construction on a common chowk. The petition was allowed to be withdrawn, and the trial court is directed to decide the interim application on merits without regard to the impugned observations.

What did the court decide?

The writ petition is dismissed as withdrawn; the trial court shall hear the temporary injunction application on merits.

Smt. Anisa Begam W/O Late Shri Mujaffar Khan Vs Saddiq… — Property and Title | Rajasthan HC (2024)

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[2024:RJ-JP:36178]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 13514/2024

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Smt. Anisa Begam W/o Late Shri Mujaffar Khan, Aged About 72 Years, R/o House No. 1652, Imam Chowk, Hathi Nikas, Balji Ki Kothi Ka Rasta, Chokri Topkhana Hujuri, Jaipur (Raj.) P.s. Ramganj, Jaipur

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----Petitioner/Plaintiff

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Versus

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Saddiq S/o Jahur, Aged About 60 Years, R/o House No. 1650, Imam Chowk, Hathi Nikas, Balji Ki Kothi Ka Rasta, Chokri Topkhana Hujuri, Jaipur (Raj.) P.s. Ramganj, Jaipur

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Jaipur Municipal Corporation Heritage, Through Mayor Office At Jalebi Chowk, Jaipur (Raj.)

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----Respondents/Defendants

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For Petitioner(s) : Mr. Shamsuddin Ansari For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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29/08/2024

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Petitioner-plaintiff has preferred instant writ petition under Article 227 of the Constitution of India feeling aggrieved by denial of ad interim injunction order dated 01.06.2024 passed in her favour by the Additional Civil Judge Metropolitan Magistrate No.2, Jaipur Metropolitan-II titled Smt. Anisa Begam Vs. Saddiq during course of his application for temporary injunction bearing No.95/24 (521/24).

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It is undisputed that against the interim order dated 01.06.2024, petitioner has availed the remedy of filing civil miscellaneous appeal which has been dismissed on merits vide order dated 24.06.2024 passed by the Additional District Judge No.5, Jaipur Metropolitan-II.

[2024:RJ-JP:36178]

[CW-13514/2024]

(2 of 2)

The grievance of petitioner is in respect of raising construction by the respondents on the chowk which is alleged to be of common use, however, no prima facie case has been established by the petitioner. In addition, it has been noticed that in the suit itself, plaintiff has asked for a relief of mandatory injunction for removal of the construction of Wall, raised by the respondents-defendants in the common chowk.

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After arguing the petition for some time, counsel for petitioner, on the instructions of petitioner, seeks permission to withdraw this petition in order to pursue her application for temporary injunction before the trial Court on merits. Counsel for petitioner makes a limited prayer that the observations made by the trial Court in the order impugned dated 01.06.2024 and order dated 24.06.2024 may not come in way of the trial Court while deciding her application of temporary injunction on merits.

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In view of above, without interference to the impugned orders, instant writ petition is allowed to be withdrawn. 6. Accordingly, the instant writ petition is dismissed as withdrawn. Needless to observe that the application for temporary injunction would be heard and decided by the trial Court on its own merits without being influenced by the findings recorded in the impugned orders.

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Stay application and any other pending application(s), if any, stands disposed of.

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(SUDESH BANSAL),J

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SOURAV /12

Smt. Anisa Begam W/O Late Shri Mujaffar Khan v. Saddiq S/O Jahur

Case brief

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Smt. Anisa Begam W/O Late Shri Mujaffar Khan v. Saddiq S/O Jahur

Case brief

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What did the court decide?

What the court decided

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